American Federation of Government Employees, Local 1482 and U.S. Marine Corps, Marine Corps Logistics Base, Barstow, California (Authority decision, June 13, 1984)

Final FLRA decision. The Authority dismissed the negotiability petition as moot after the parties reached an agreement, without ruling on negotiability. An aggrieved person may seek judicial review of a final Authority order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

AFGE Local 1482 sought review of a proposed Marine Corps rule requiring civilian employees to wear seat belts while driving on base. The union had asked to bargain over the need for the rule and its implementation. The Marine Corps reported that the parties had negotiated and signed a memorandum of understanding covering the disputed matter, and the union did not dispute that account. The Authority found no remaining negotiability issue and dismissed the petition as moot.

Decision snapshot

• Authority: Negotiability petition under 5 U.S.C. § 7105(a)(2)(D).
• Outcome: Petition dismissed as moot.
• Key point: The parties' agreement ended the dispute presented by the union's petition.

Full text (FLRA public release)

[ v15 p95 ]

15:0095(18)NG

The decision of the Authority follows:

15 FLRA No. 18

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1482, AFL-CIO
Union

and

U.S. MARINE CORPS,
MARINE CORPS LOGISTICS BASE,
BARSTOW, CALIFORNIA
Agency

Case No. O-NG-947

ORDER DISMISSING PETITION FOR REVIEW

This matter is before the Federal Labor Relations Authority pursuant to section 7105(a)(2)(D) of the Federal Service Labor-Management Relations Statute on a petition for review of a negotiability issue filed by the Union. For the reason indicated below, the Union's petition for review must be dismissed.

From the submissions of the parties in the record before the Authority, it appears that on or about November 2, 1983, the Union received a copy of a proposed change to Base Order P5500.2C, Ch. 8 concerning the mandatory use of seat belts by civilian employees while driving on the base. The Union requested to negotiate the need for the proposed change, as well as its impact and implementation. According to the Agency, the parties met on January 30, 1984, and negotiated and executed a Memorandum of Understanding covering the disputed proposal. By letter dated January 27, 1984, and filed with the Authority on February 3, 1984, the Union sought the Authority's determination as to whether a compelling need exists for the regulation in question.

In its statement of position, the Agency contends that the parties' Memorandum of Understanding has rendered the instant case moot. The Union has not responded to the Agency's statement of position.

Under these circumstances, that is, that the Agency contends without refutation by the Union that mutual agreement was reached on the matter which is the subject of the instant appeal, it is concluded that there is no longer an issue as to whether the Union's proposal is within the parties' duty to bargain under the Statute. Thus, this case has been rendered moot.

Accordingly, and apart from other considerations, the Union's petition for review is hereby dismissed.

For the Authority.

Issued, Washington, D.C., June 13, 1984
Harold D. Kessler, Director, Case
Management